Season 2 – Episode 19 – “Bad Moon Rising”

Episode Summary:

The President’s (Martin Sheen) vaunted administration could be brought down by the tiniest oversight as Bartlet secretly summons chief counsel Babish (Oliver Platt) to discuss how his failure to divulge his multiple sclerosis condition could be a criminal violation of full disclosure — which would give his enemies enough ammo to destroy him. Meanwhile: a fuming Toby (Richard Schiff) orders C.J. (Allison Janney) to smoke out the insider who leaked vital information on the President’s reversal on school vouchers; Sam (Rob Lowe) feels queasy when he learns that an aging oil tanker is leaking onto the coast of Delaware causing an ecological disaster — and he could be liable since he brokered the deal for the behemoth in his previous shipping firm job while aware of the needed repairs; Josh (Bradley Whitford) clashes with a questioning Donna (Janel Moloney) as the U.S. prepares a huge cash loan to prop up the collapsing Mexican economy again.

Script:

THE WEST WING
"BAD MOON RISING"
TELEPLAY BY: AARON SORKIN
STORY BY: FELICIA WILLSON
DIRECTED BY: BILL JOHNSON

TEASER

WOMAN [VO]
Go home.

MAN [VO]
No.

WOMAN [VO]
You were up all night.

FADE IN: INT. OFFICE OF THE WHITE HOUSE COUNSEL - DAY
The White House Counsel, OLIVER BABISH, is getting ready to leave.

OLIVER BABISH
Do you know why?

WOMAN
Oliver...

OLIVER
Because my staff's work on the analysis of HR 437 ignored the Fourth
Amendment
implications and instead...

WOMAN
Yes.

OLIVER
...became fascinated with the Third, Seventh and Eleventh.

WOMAN
Please.

In the middle of his desk, Oliver has a large gavel.

OLIVER
Like you've got to be a prime number to get the attention of the U.S. Supreme
Court.

WOMAN
You can really go home and get a few hours sleep before you go to the
airport.

OLIVER
That's why I was up all night. Where am I going?

WOMAN
You're going on vacation.

OLIVER
Wait, it's coming back to me.

WOMAN
Oliver...

OLIVER
It's not a vacation.

WOMAN
You'll have a...

OLIVER
It's a forced vacation.

MAN
In Borneo.

OLIVER
It's an international law summit where m supposed to show my support for --
I'm not
certain -- so I have that in my notes someplace?

WOMAN
Yes.

OLIVER
I need the amicus brief on Sovereign Immunity...

WOMAN
It's there.

OLIVER
Federal Land Use...

MAN
It's there.

WOMAN
Would you like us to pack your big hammer?

OLIVER
You know what? Don't make fun of the big hammer. The big hammer happens to
be a gavel
given to my father's father by Justice Louis Brandeis. I need a Dictaphone.

WOMAN
You've got one on your desk.

OLIVER
It doesn't work.

WOMAN
What's wrong with it?

OLIVER
Doesn't work.

MAN
He's asking...

OLIVER
It's stuck on record. It won't stop recording things; so it's just what you
want lying
around the White House Counsel's Office because there's never been a problem
with that
before. Okay, you know what else?

WOMAN
You're going to go home and sleep until your plane leaves.

OLIVER
I'm fine sleeping until well after that but somebody call me when my car's
on the way.

MAN
Excuse me, Mr. Babish.

OLIVER
I'm going home.

MAN
That was Mr. McGarry's office. He's on his way down with the President.

WOMAN
You should fix your tie.

OLIVER
Yeah.

CUT TO: INT. THE OVAL OFFICE - DAY
Bartlet is talking to an advisor.

BARTLET
I couldn't disagree more, Cal. As long as these people are funding their
public school
districts with property taxes, neither the value of the schools nor the
value of their
property is going to go up. It's a vicious circle. It's terrible and it has
to be stopped.

CAL
So we're going to do something about it.

BARTLET
I wouldn't go that far. Anything else?

CAL
No, sir. Thank you.

BARTLET
Thank you.

Leo walks in as Cal leaves.

LEO
Mr. President.

BARTLET
It's a vicious circle, Leo.

LEO
Yeah.

BARTLET
It never stops.

LEO
Sir...

BARTLET
It just goes round and round...

LEO
Look...

BARTLET
...and round and round.

LEO
Let's go see him.

BARTLET
Now?

LEO
He's waiting for us.

BARTLET
We really need to see him now?

LEO
What better time?

BARTLET
Well... later.

LEO
Let's go.

They start to walk out to the HALLWAYS.

BARTLET
Five White House Counsels in two and a half years. Cochran, Gates, Solomon,
Tribbey.
Why can't I keep a head lawyer around here?

LEO
'Cause they all show up thinking they're going to be a counselor to the
President and
you never let them in.

BARTLET
I don't like new people.

LEO
Oliver Babish isn't a new person. You know each other. Your kids know each
other.
You built hospitals together. He was Midwest Finance Chairman on the
campaign.

BARTLET
Never played chess, though, have we?

LEO
No.

BARTLET
See?

LEO
You're scared of Babish.

BARTLET
Oh, like you're not.

LEO
No, because we are both men of Chicago.

BARTLET
What is it with people from Chicago that they're so happy to have been born
there?
I meet so many people who can't wait to tell me they're from Chicago and
when I meet
them, they're living anywhere but Chicago.

LEO
You wouldn't understand.

BARTLET
He looks down his nose at me 'cause I'm not a lawyer.

LEO
Yes.

BARTLET
I didn't go to law school. I got a Ph.D. in economics instead.

LEO
Your parents were very proud.

BARTLET
Yeah, and all that happened was I won a Nobel Prize and got elected President
so I guess
that decision didn't really pay off.

LEO
Yeah.

BARTLET
Should I run back and get my Nobel Prize?

LEO
I think he knows you've got one.

Leo and Bartlet enter THE OFFICE OF THE WHITE HOUSE COUNSEL, which has a
huge waiting
room. The room behind it is huge also, and there are bags in it, fully packed.

BARTLET
Guy's been here three months he's got a nicer office than I do.

LEO
He's got a nicer office than I do.

BARTLET
That matters less to me.

Oliver Babish heads out to meet them.

OLIVER
Good morning, Mr. President.

BARTLET
Hey, Oliver.

OLIVER
Come on in.

BARTLET
What are the bags for?

OLIVER
I was just heading out on vacation.

BARTLET
Oh... oh, gosh. Oliver, this...

LEO
Sir...

BARTLET
...this can keep...

LEO
Mr. President...

BARTLET
The man's bags are packed. Where are you going?

OLIVER
Sarawak.

BARTLET
Asia's best-kept secret.

OLIVER
Sir, is there something you'd like to, uh...?

BARTLET
It's really not even... I don't want you to worry that much about it.

LEO
Sir...

BARTLET
[to Leo] I'm easing in.

LEO
Okay.

BARTLET
Well, Oliver, it really boils down to this I'm going to tell you a story
and then
I need you to tell me whether or not I've engaged 16 people in a massive
criminal
conspiracy to defraud the public in order to win a presidential election.

OLIVER
Okay.

He looks at the dictaphone on his desk with mistrust, then at the President.
Then he picks up his gavel and smashes it, as Leo and Bartlet jump away in
fear.

SMASH CUT TO: MAIN TITLES.
END TEASER
* * *

ACT ONE

FADE IN: EXT. THE WHITE HOUSE - DAY

CUT TO: INT. JOSH'S OFFICE - CONTINUOUS
Josh is talking on the phone.

JOSH
I'm on my way to the meeting right now. Finance, Foreign Relations, Senate
Banking,
I guess. Leo's in a meeting. Someone's going to call you every
half-hour. Yeah.

He hangs up. Donna enters.

DONNA
Mexico collapsed?

JOSH
Yeah, can you believe it?

DONNA
Mexico collapsed over the weekend?

JOSH
No, actually just this morning.

DONNA
How does a country collapse on a Monday morning?

They walk through JOSH'S BULLPEN AREA.

JOSH
By now slowly devaluing the peso the way I told them to.

DONNA
You told them to devalue the peso?

JOSH
The Treasury Secretary did, but I was in the room.

DONNA
Seriously...

JOSH
Seriously, they're in big trouble. Three weeks ago, they fell to 20 cents
against the
dollar. Two weeks ago, the Bolsa Index took its worst single day fall in
history and
this morning the Mexican market opened twenty percent off its Friday close.

They stop just outside the Roosevelt Room.

DONNA
What's that in U.S. terms?

JOSH
It'd be like a 2000 point drop in the Dow. The immediate problem...

TOBY
You saw this? (gestures with newspaper)

JOSH
I saw it two hours ago, Toby. Where you been?

TOBY
I just got here.

JOSH
We could be screwed on vouchers.

TOBY
We are screwed on vouchers, but I want to know...

JOSH
Talk to C.J.

TOBY
Somebody's going to eat this quote!

DONNA
He's pretty pissed.

JOSH
Yeah, I can't worry about it right now.

DONNA
So what's the problem?

JOSH
Mexico's got 30 billion dollars worth of foreign loans due this week, and
they don't
have 30 billion dollars.

DONNA
So what happens now?

JOSH
(singing) Oh-oh, the Wells Fargo wagon is a'coming down the street.

He opens the door and enters THE ROOSEVELT ROOM.

JOSH
Buenos dias, senores y senoras.

The people inside are staring at him funny.

JOSH
Let's find some money.

CUT TO: INT. THE BRIEFING ROOM - DAY
The camera pans across the reporters to C.J. on the podium.

C.J.
I've seen it, obviously. I just haven't spoken to the President about it.

REPORTER 1
C.J., can you give us any kind of sense on what may have turned the President
around on
school vouchers?

C.J.
The President hasn't turned around.

REPORTER 2
Is the House leadership....

REPORTER 1
I'm sorry, I have to follow up. The quote from the senior White House official
says the
President would be willing to compromise...

C.J.
It sounds like the senior White House official would be willing to compromise,
but I
haven't spoken to the President yet this morning. If I could move off the
quote for a
moment. This is from the Coast Guard Marine Safety and Environmental Protection
Division.
About three hours ago a single-hull VLCC carrying four million gallons of
crude oil ran
up on a shoal three miles south of Rahobeth Beach, Delaware.

The reporters clamor.

C.J.
Whoa, whoa, I don't have much. I'm going to give you everything I've got. The
hull was
punctured and the tanker is leaking oil.

REPORTER 3
How many gallons do you think...

C.J.
200,000 gallons so far.

CUT TO: INT. SAM'S OFFICE - CONTINUOUS
C.J.'s briefing continues on T.V. Sam is at his desk.

C.J. (on T.V.)
The Coast Guard has set up a command center with EPA workers and the state
emergency
response team. The ship belongs to Kensington Oil.

REPORTER 4
Does the ship have a name?

C.J. [on T.V.]
Yeah, it's the Indio. I-N-D-I-O.

Sam looks up to the T.V.

C.J. [on T.V.]
The Kensington Indio. Operations are already underway...

REPORTER 5
Containment booms?

C.J.
The Coast Guard has deployed containment booms around the vessel, and they're
siphoning
oil...

Sam listens intensely, then exits into THE COMMUNICATIONS OFFICE.

SAM
Bonnie, what happpened?

BONNIE
What do you mean?

SAM
The oil tanker.

BONNIE
I'm hearing it now.

SAM
Ginger, what do you know about the oil tanker?

GINGER
It hit Delaware.

SAM
I'm amazed it found Delaware.

CUT TO: INT. BRIEFING ROOM - CONTINUOUS

C.J.
The Federal on-site coordinator scheduled a press conference for 200 this
afternoon from
the Coast Guard Incident Command Post. We hope to have much more information
by then.

The reporters clamor.

C.J.
Thank you, everybody.

CUT TO: INT. HALLWAY - CONTINUOUS
Toby is waiting for C.J. They walk.

TOBY
What the hell, C.J.?

C.J.
Anything good in the paper this morning?

TOBY
Who's the senior White House official?

C.J.
I don't know.

TOBY
Are you telling me you can't can't control... (raising his voice) A reporter
can just
pick up the phone and call anyone?

C.J.
Yeah.

TOBY
Why?

C.J.
'Cause we don't live in Tripoli.

TOBY
The Republican leaders are already think... Shallick, Ann Stark, they already
think they
can get the votes on a compromised measure.

C.J.
Look...

TOBY
(rasing his voice again) All they were scared of was a veto. They're going
to build it
now. They're going to do it. And our phones, all day long, are going to be
ringing with
Democrats who want us dead. Seth Gillette's going to... Let me tell you
something --
this time, he's going to be right!

C.J.
Toby, I'll talk to Leo and Josh. I'll talk to the President. I'll get a
clarification.
Beyond that, what do you want me to do?

TOBY
I want you to find out who the senior White House official was and (yelling)
put his ass
in my office by the end of the day!

Toby exits, and Sam enters. Sam and C.J. enter C.J.'S OFFICE.

SAM
It wasn't me.

C.J.
I imagine if it was anyone within the sound of Toby's voice they'd be looking
for a
trapdoor right now.

SAM
Is there anything you can tell me about the tanker?

C.J.
Carol's going to give you the notes from the Coast Guard.

SAM
Do you know whether it had something to do with the navigation or the
steering?

C.J.
Well, all that's beings investigated, but I'm assuming that when a ship runs
into the
shore it has something to do with either the navigation or the steering.

SAM
Yeah. (turns to leave)

C.J.
Hey Sam... you don't know who it was, right?

SAM
No.

CUT TO: INT. WHITE HOUSE COUNSEL'S OFFICE - DAY
Bartlet, Leo, and Oliver at the conference table.

OLIVER
What can you tell me about this disease that I don't already know?

BARTLET
Not as much as a doctor. You should talk to a doctor.

OLIVER
Well, I'm going to talk to quite a few of them. But let me ask you this. Is
it possible
for someone with relapsing/remitting MS to experience an attack that would
include
temporary loss of proper brain function but exclude any physical symptoms?

Leo and Bartlet exchange glances.

OLIVER
Let me put it another way. Is it possible you could be sitting in this room,
have an
attack, and I don't know it?

BARTLET
I think what you're asking is, Is it possible I could be sitting in the
Situation Room,
have an attack, and nobody knows it.

OLIVER
Yes.

BARTLET
Yes. My vision might get blurry. You wouldn't know that. My legs might get
numb...

OLIVER
Okay sir, uh... before we go any further, there's something that I want to
make sure is
absolutely clear.

BARTLET
What's that?

OLIVER
You and I don't enjoy attorney/client privilege.

BARTLET
(to Leo) What's he talking about?

LEO
He's a government lawyer. The privilege doesn't exist.

OLIVER
So you want to be very careful about what you say in this room right now,
Mr. President,
because if subpoenaed to give a deposition, I'm not going to lie under oath.

BARTLET
I don't want to be careful about what I say in this room.

OLIVER
Well, then we should end this meeting and you should retain private counsel.

BARTLET
I want you. I meant, I don't need to be careful.

OLIVER
Okay. I'd like to ask you some questions now. These are preliminary, and
with no
preparation and in no particular order.

BARTLET
Yeah.

OLIVER
Have you ever been party to a lawsuit?

BARTLET
Have I ever been party to a lawsuit?

OLIVER
Yes, sir.

BARTLET
I was governor of New Hampshire. Anybody who...

OLIVER
I mean a lawsuit in which you gave a deposition.

BARTLET
(heavy sigh) A meter reader slipped on a patch of black ice in my driveway
and I got
dragged into some pain-in-the-ass thing over my great-aunt's will.

OLIVER
And you gave a deposition in both those cases?

BARTLET
Yeah.

OLIVER
Do you recall at any time in those depositions when you were asked about
your health?

BARTLET
Oliver, why are we talking about my great-aunt's will and the meter reader?

OLIVER
Because if you were asked about your health and lied in a deposition, that's
the
ballgame. We're all going home.

Pause.

LEO
He never lied.

OLIVER
Leo, I'd like to hear the President say that.

BARTLET
I never lied.

OLIVER
You never had to testify under oath about your health?

BARTLET
No.

OLIVER
You never answered any interrogatories or depositions about your health?

BARTLET
No.

OLIVER
Okay. The First Lady and your kids, that's four. The six original doctors and
radiologists, that's ten; your brother, that's 11. Fitzwallace, the Vice
President,
and Leo, that's 14...

LEO
And the anesthesiologist at GW.

OLIVER
Who's the last one?

BARTLET
I'm sorry?

OLIVER
You said 16 people, who's the last one?

LEO
Toby Ziegler.

OLIVER
You told him?

BARTLET
Yeah.

OLIVER
When?

LEO
This past Friday night.

OLIVER
How's he taking it?

LEO
Not well.

OLIVER
(sighs deeply) I wouldn't think so, Mr. President, I have some more
questions. Is there
time now?

BARTLET
Well, the Mexican economy crashed, an oil tanker busted up about 120 miles
from here and
13 percent of Americans are living in poverty. So yeah, I can hang out with
you and
answer insulting questions for awhile.

OLIVER
Good.

FADE OUT.
END ACT ONE
* * *

ACT TWO

FADE IN: INT. THE ROOSEVELT ROOM - DAY
Josh's meeting continues.

JOSH
Treasury's getting it into legislative language right now. The Assistant
Secretary for
Legislative Affairs...

MAN
Carol Villenuevo?

JOSH
Yes. Says she'll have it for us in an hour to review it. That's when the
President's
going to call you and ask you to fast track it. He wants you to take it
straight to
mark-up and vote.

MAN
Josh, my members are going to need a day to read the thing.

JOSH
We understand, but we don't have a day.

LARRY
What Josh means is the very next story in the news cycle has got to be that
the U.S.
is guaranteeing the loans.

While he talks, Toby, outside the room, can be seen and heard, yelling at
people.
Everyone takes a moment to look at him.

ED
The Treasury Secretary's got to make that announcement when the markets open
tomorrow
morning. We need a vote tonight.

JOSH
Yeah, listen. Uh, the next story in the news cycle has got to be that the
U.S. is
guaranteeing the loans.

MAN
These guys just said that.

MAN
All right, you understand we may not have anything ready till 2:00, 3:00 in
the morning.

JOSH
The President doesn't mind staying up late to sign his name.

MAN
You also understand no one here has said yes yet.

JOSH
I noticed that.

MAN
All right. Uh... you mind if we use the room to talk?

JOSH
Not at all. You mind talking fast?

MAN
I do it for a living.

JOSH
Shout to somebody if you need coffee.

Josh walks out. He meets C.J. They walk.

C.J.
How's it going in there?

JOSH
The number of people whose permission I need before I can do whatever the
hell I want...
Let me tell you something. There's really a lot to be said for fascism.

C.J.
Funny you should mention that.

JOSH
Toby?

C.J.
He wants me to find the leak.

JOSH
You should.

C.J.
No problem. Was it you?

JOSH
No.

C.J.
Okay. Well, then, now I'm stumped.

JOSH
C.J....

C.J.
Josh, when there's a leak, I do what I do. Finding the person is usually
impossible
under benign circumstances but with Toby blasting around the halls whoever
it was has
gone so far underground we could start our search in Beijing.

JOSH
What about asking Cashin?

C.J.
Cashin isn't going to roll over on a source.

JOSH
Then you've got to get a swinging light bulb in there and just do it.

C.J.
Yeah, this from the guy who had four kinds of aneurysms when he had to
interrogate the
staff on drug use.

JOSH
That was a lot different.

C.J.
'Cause it was you?

JOSH
No, because that was an investigation into personal behavior. This guy
compromised a
policy initiative.

C.J.
That's a fair point and I'm not saying it's not bad I'm just saying I'm not
going to
find him.

JOSH
You're absolutely not going to find him.

C.J.
But I should spend the day doing it anyway.

JOSH
Yes.

C.J.
Because Toby's pissed.

JOSH
Let me tell you something. I've found that if you accept that as a good
enough reason
for doing something life becomes easier.

C.J.
Thanks for the fortune cookie wisdom.

JOSH
You bet.

Josh walks into his OFFICE, not expecting Donna waiting.

DONNA
Josh?

JOSH
You just lurk there in the shadows, like... Whatever. What are you doing?

DONNA
I'm doing things, things with paper.

JOSH
Can you do them later?

DONNA
Why?

JOSH
So you're not doing them now?

DONNA
I had a couple of questions, if you don't mind.

JOSH
About what?

DONNA
The Mexico bailout.

JOSH
Can you ask them later?

DONNA
Later it might be a done deal, and before you send $30 billion of my money
to Mexico
I'd like to ask a few questions.

JOSH
Okay, it's going to be one of these now, right?

DONNA
Yeah.

JOSH
You object to the bailout?

DONNA
I do.

JOSH
Because in the world of Donnatella Moss we should love one another just as
long as it
doesn't cost you anything.

DONNA
Well, yes, I suppose that's one small-minded way of putting it.

JOSH
[picks up the phone] Close the door.

She closes the door from the inside.

JOSH
Donna?

DONNA
With me on the other side?

JOSH
Thank you.

CUT TO: INT. OUTER OVAL OFFICE - DAY
Sam comes up to Charlie.

SAM
Hey.

CHARLIE
How are you doing?

SAM
Is he back yet?

CHARLIE
No.

SAM
Hey, you decided yet?

CHARLIE
Theology 201 Intro to Biblical Literature.

SAM
Why?

CHARLIE
So the President will stop bugging me. And English 201 Texts and Contexts.

SAM
What happened to molecular biology?

CHARLIE
It's closed out for the summer session.

SAM
How many AP credits do you have from high school?

CHARLIE
I have six in English six in math and calculus, three in European history,
and three in
French.

SAM
You're telling me you've never been to college and after taking two classes
this summer
you're going to be, like, a junior?

CHARLIE
[smiles wryly] With a pretty decent GPA.

SAM
Charlie, just how smart are you?

CHARLIE
I've got some game.

Ginger approaches Sam.

GINGER
Sam?

SAM
She's here?

GINGER
Yeah.

SAM
Thanks.

Sam heads out to meet LIEUTENANT EMILY LOWENBRAU, a young Oriental woman in
Naval attire.

SAM
Excuse me. Lieutenant?

EMILY LOWENBRAU
Mr. Seaborn?

SAM
Sam.

EMILY
Emily.

SAM
You look exactly the way you sound on the phone.

EMILY
You look exactly the way you look on the news.

SAM
Thanks for coming by.

EMILY
It's no problem.

SAM
I'm surprised to see you in a dress uniform on a day like you must be having
today.

EMILY
We're required to wear the Class-As for any business on the Hill or in the
White House.

SAM
I never knew that.

EMILY
You never noticed that every soldier sailor and Marine who's walked in here
has been in
a dress uniform?

SAM
I'm less visually observant than others but I make up for it.

EMILY
How?

SAM
With cunning and guile.

EMILY
Okay.

SAM
What happened to the ship?

EMILY
It suffered some kind of malfunction causing a steering loss about ten miles
offshore.
The captain dropped anchor to avoid a run-in with other marine traffic.

SAM
If he dropped anchor ten miles out, what's he doing here?

EMILY
The anchor broke.

SAM
The anchor broke? Anchors break?

EMILY
Yeah. I want you to try and guess something. A ship of a size and gross
tonnage of the
Indio steaming at 18 knots how long do you think it takes to come to a
complete stop
from the moment the bridge cuts the engines and throws the props into
reverse?

SAM
I don't know. A couple football fields, probably.

EMILY
Six miles.

SAM
Six miles?

EMILY
There's no anchor that stops that boat at 18 knots.

SAM
Okay, so the thing's drifting out there...

EMILY
Which is when we got a "dead in the water" mayday and we sent out the
Tallahassee to
tow it in.

SAM
What happened to the Tallahassee?

EMILY
25-foot seas wind out of the north-northeast at 40.

SAM
So it made for port.

EMILY
With every intention of going back out there.

SAM
But the wind from the northeast...

EMILY
Yeah, and the tidal pull...

SAM
...pushed the Indio into shore. How bad is this going to end up being?

EMILY
Bad. Everyone's in it-Coast Guard, EPA, NTSB, state, local-- but there are
only so many
pairs of hands and, you know, getting oil out of water. You try it sometime.

SAM
Yeah. Listen, thanks again for coming by.

EMILY
You want me to keep you posted during the day?

SAM
I'd appreciate it. Good luck.

EMILY
Thanks. [leaves]

CUT TO: INT. OFFICE OF THE WHITE HOUSE COUNSEL - DAY

OLIVER
Mr. President, do you have life insurance?

BARTLET
No.

OLIVER
You have a wife and three kids and no life insurance?

BARTLET
I have accidental death insurance as well as considerable personal worth. Were
I to die,
my family would not miss my government salary.

OLIVER
What about health insurance?

BARTLET
I don't have any anymore.

OLIVER
Why not?

BARTLET
I'm the husband of a doctor and as a Governor and President, the various
governments
I've led generously...

OLIVER
Yeah, let me cut to the end of the page, sir. Have you ever signed any
document for
health insurance or life insurance or any document, which falls under the
pains, and
penalty of perjury in which you are asked about your health and did not
disclose you
have MS?

BARTLET
No.

Knocking on the door.

OLIVER
Yeah.

LEO
You should probably make the call.

BARTLET
Yeah. Excuse me.

Bartlet quietly exits. Leo turns to Oliver.

LEO
What do you think?

OLIVER
I am nowhere close to being able to answer that question.

FADE OUT.
END ACT TWO
* * *

ACT THREE

FADE IN: INT. C.J.'S OFFICE - DAY

CAROL
C.J., you wanted to see Jamie Hotchkiss?

C.J.
No, but yes.

CAROL
Jamie?

JAMIE HOTCHKISS enters C.J.'s office.

C.J.
Hey, Jamie, how are you doing?

JAMIE HOTCHKISS
A little pissed about the quote this morning.

C.J.
I know how you feel.

HOTCHKISS
My team's been working on this for nine months. You can't get leverage with
a rubber
crowbar. They are going to jump on this.

C.J.
Yes, and I'd like to ask you some questions.

HOTCHKISS
Sure.

C.J.
There was a meeting about vouchers in the Roosevelt Room last Thursday. Were
you part
of it?

HOTCHKISS
I've been in on all those meetings from the beginning.

C.J.
Right, and have you talked to Terry Cashin of the Baltimore Sun in the last
four days?

HOTCHKISS
What?

C.J.
I was wondering, if in the last four days...

HOTCHKISS
You're asking me if I'm the leak?

C.J.
I was going to be a little more circumspect.

HOTCHKISS
I can tell.

C.J.
Jamie...

HOTCHKISS
I've been working on this for nine months.

C.J.
And frankly -- and I don't say this to you enough -- doing a very good job.

HOTCHKISS
Thank you.

C.J.
Do you happen to know who the leak is?

HOTCHKISS
Listen up. I'm not the leak. I don't know who the leak is. If I did, I
wouldn't tell you.
Any other questions?

C.J.
No, no, we wrapped that up tight.

HOTCHKISS
Thank you. [exits]

C.J.
Carol?

CAROL
Yeah?

C.J.
How many more of these do I have?

CAROL
1,138.

C.J.
Okay, after five of them, I'm just going to confess.

CAROL
Ready for the next one?

C.J.
Sure.

CUT TO: INT. JOSH'S BULLPEN AREA - DAY
Josh walks by Donna at a desk.

JOSH
They're not done meeting yet?

DONNA
In the Roosevelt Room?

JOSH
Yeah.

DONNA
No.

JOSH
Okay.

Donna gets up and starts after him.

DONNA
You got a phone message.

JOSH
From who?

DONNA
Frank Kelly.

JOSH
Who's he?

DONNA
He's a textiles worker in South Carolina making $12.17 an hour with no health
insurance.
His two kids go to public school. The school's fine, but they've had to cut
art and music
for budget reasons, and Frank's ten-year-old is just nuts about the trumpet,
so the mom
does telemarketing at night after the kids have gone to bed to pay for
lessons and rent
an instrument. Not that art and music are important or that any of us had
any fun or met
friends doing it. Frank obeys the law and pays his bills. He also pays his
taxes, and he
called to thank you for sending his money to Mexico.

JOSH
Does he want me to call back?

DONNA
Josh...

JOSH
No, why don't you call him back. Why don't you call him back and remind him
that the
Mexican consumers who buy his textiles can't afford to buy them anymore. Frank
will be
laid off. Which isn't a problem there are plenty of jobs out there for a
48-year-old
textiles worker just as long as he's trained in high-tech computers and/or
medical
research.

DONNA
Oh, like the $30 billion is going to make it into the pocket of Mexican
consumers.

JOSH
Eventually it does. And we're not giving them the money, we're giving them
our credit
card and paying the bill. It's a loan. We did the same thing six years ago --
the loan
was paid back ahead of schedule.

DONNA
And we did the same thing four years before that, too, right?

JOSH
Yes.

DONNA
And five years before that?

JOSH
Yes.

DONNA
AA's definition of insanity is doing the same thing over and over again
expecting a
different result. I'm not cheap, nor am I xenophobic. I just think it's time
for some
tough love.

JOSH
Well, not right here in front of everybody, Donna, but if you want to run
home and get
your equipment...

DONNA
Go away from me.

JOSH
The telemarketing was a nice detail but you should've said, "scrubbed
floors."

DONNA
I thought it'd be too much.

JOSH
Yeah, probably.

CUT TO: INT. AINSLEY'S OFFICE - DAY
There is a Bach piece playing softly. Knock on the door.

AINSLEY
Come in.

Sam enters.

SAM
Hey.

AINSLEY
Hello, Sam.

SAM
You did some decorating.

AINSLEY
Yeah.

SAM
A woman's touch.

AINSLEY
It was a guy named Kirk.

SAM
Hang on, I know this piece of music. I love it.

AINSLEY
Isn't it great?

SAM
No, but there's a reason I like it.

AINSLEY
Well, it's beautiful.

SAM
But there's another reason, hang on.

AINSLEY
It's called "Air on a G String." Could that be...?

SAM
Yes. Thank you.

AINSLEY
What do you need?

SAM
A lawyer.

AINSLEY
Well, you came to the wrong place.

SAM
Seriously.

AINSLEY
Are you in trouble?

SAM
No, I'm not. I just want to ask you some questions. You've been covering
the Attorneys
General for Maryland and Delaware this morning, right?

AINSLEY
On the oil spill.

SAM
Yeah.

AINSLEY
They'll hold a joint press conference this afternoon to announce that they're
seeking
damages.

SAM
How much?

AINSLEY
Who can say at this point, but if I had to guess I'd say in the area of $100
million for
cleanup costs, probably another 3 or $400 million punitive. I know how you
feel about
these things, trust me. Kensington's going to pay it through the nose.

SAM
No, they're not.

AINSLEY
I think you're wrong.

SAM
Somebody's going to pay. It's not going to be them.

AINSLEY
You think their liability shield is that strong?

SAM
I do.

AINSLEY
How do you know?

SAM
'Cause I'm the one who bought them the boat. I bought the Indio for them
when I was at
Gage Whitney.

AINSLEY
Wow. [beat] Talk about your chickens coming home to roost.

SAM
Yeah, but what I was thinking was this. I know this is going to sound crazy
but I was
thinking, if I could be deposed for the plaintiffs...

AINSLEY
Why?

SAM
Because... Look, I was very proud of myself for making such a great deal
and it really
sealed it for me with the partners and they were about to make me one. And
it really
didn't bother me that the boat was cheap for a reason. But then, at the 11th
hour,
I had a change of heart. For whatever reason, I had a change of heart and
I told them
the boat wasn't good enough, particularly with regards to the steering and
navigation
systems, which, of course, they already knew, and I suggested they spend
more money,
and they said...

AINSLEY
Stop talking right now!

SAM
$11 million extra dollars.

AINSLEY
Sam...

SAM
They laughed me out of the room.

AINSLEY
Stop talking, or I'm walking out. [beat] You know better. Neither you nor
your clients
abdicated attorney/client privilege when you left Gage. If you gave that
deposition,
you'd be disbarred. And even if you were willing to be disbarred, there's
no judge in
the country who'd allow privileged testimony.

SAM
Ainsley, unless a company like this is forced to fork over so much money
they don't want
to go on living -- unless they're compelled to pay $500 million -- there's
no incentive
for them to pay the extra 11 million to make the boat safer.

AINSLEY
Yes.

SAM
All right. It was just an idea.

AINSLEY
Hey, you never know. With the liability shield? Maybe you're not as good as
you think.

SAM
Yeah, I am.

Sam exits.

CUT TO: INT. OUTER OVAL OFFICE - DAY
Mrs. Landingham walks in as Charlie works at another desk.

MRS. LANDINGHAM
You still filling out forms, Charlie?

CHARLIE
Well, I'm going to be filling out forms for quite some time. It's basically
going to be
my major.

MRS. LANDINGHAM
What is going to be your major?

CHARLIE
I really don't know.

MRS. LANDINGHAM
You going to join the glee club?

CHARLIE
I don't think so, Mrs. Landingham.

MRS. LANDINGHAM
Oh, glee club's important.

CHARLIE
I'm only going to have time for a couple of classes at night. I'm not going
to be able
to be that gleeful.

MRS. LANDINGHAM
How about fencing?

CHARLIE
Fencing?

Margaret walks in and watches him go through the schedule.

MARGARET
You're taking fencing?

CHARLIE
I'm not taking fencing.

MRS. LANDINGHAM
He's not taking glee club, either.

MARGARET
Fencing's good, 'cause you learn the philosophy of self-defense.

CHARLIE
Well, I usually don't get a lot of people pulling an epee on me in my
neighborhood,
and my philosophy of self-defense has a lot to do with running as fast as
I possibly can.
These forms are really out of control, you know that? Look at this six forms
for
financial aid, three forms for housing, and I'm not using their housing,
a form for
roommate preference, and I'm not using their housing, emergency contacts,
general
activity information, transfer of credits, and a 14-page form...

Charlie freezes.

MARGARET
What?

MRS. LANDINGHAM
Charlie, what?

CHARLIE
Hang on, please. [long pause] Margaret, I need to speak to Leo.

MARGARET
He's in a meeting with Oliver Babish.

CHARLIE
Yeah, I know. I'm sorry, I need to speak to him right now, please. [beat]
Tell him it's
an old friend from home.

MARGARET
You sure?

CHARLIE
Yeah.

Margaret exits.

CUT TO: INT. OFFICE OF THE WHITE HOUSE COUNSEL - DAY
Oliver and Leo are alone.

OLIVER
He's acting a little pissy, wouldn't you say?

LEO
You're a little pissy too, there, my friend.

OLIVER
Yeah, well, I'm pissed.

LEO
No kidding.

OLIVER
You weren't when you found out?

LEO
I was, but then I remembered.

OLIVER
What?

LEO
That I'm a drunk, and he didn't give a damn.

OLIVER
You guys going to go public?

LEO
I don't know. What do you think?

OLIVER
Not up to me. Up to the policy advisors.

LEO
Well, I think you're about to be one of them.

OLIVER
I don't know if I'm staying yet.

LEO
You're staying.

OLIVER
Why?

LEO
'Cause I'm running this show, and I picked you. I didn't bring you here for
amicus briefs.

OLIVER
Leo...

LEO
I mean, in the two and a half hours we've been sitting here have you discovered
one thing
that he's done wrong?

OLIVER
No.

LEO
So, what's your problem?

OLIVER
That's my problem, Leo. Are you out of your mind? He did everything right. He
did
everything you do if your intent is to perpetrate a fraud.

Knock on the door.

OLIVER
Come in.

AIDE
Excuse me. Mr. McGarry, Margaret just called to say that Charlie Young needs
to speak
with you.

LEO
I can't right now. It'll have to wait.

AIDE
She said to mention something about an old friend from home.

LEO
I'll be right back.

Leo exits.

CUT TO: INT. LEO'S OUTER OFFICE - DAY
Leo enters, then Leo and Charlie go into LEO'S OFFICE.

LEO
What is it? [beat] Charlie, you can talk to me. What is it? [beat] Charlie...

CHARLIE
When Zoey and Ellie went to college... [beat] When they went to college they
would've
had to fill out a health form.

LEO
What are you...?

CHARLIE
On the form, they ask for a number of things, including a complete family
medical history.

LEO
God. [beat] Charlie... [beat] How did you know he was sick? How did you know
that the
President was sick? [beat] Charlie...

CHARLIE
Leo... [beat] If you're under 18 when you start as a freshman... if you're
under 18,
you need a parent's signature.

LEO
[beat] Okay. [beat] Okay.

CHARLIE
I'm sorry, I know...

LEO
No, it's okay.

CHARLIE
I just thought it was...

LEO
You absolutely did the right thing. [beat] Okay. [beat] Okay. Go back to
work.

Charlie exits.

LEO
Margaret?

Margaret enters.

LEO
I need to see all of Zoey Bartlet's Admissions paperwork for Georgetown.

MARGARET
I don't think they'll release that to me.

LEO
No, you call Pat Carr, the family lawyer and you tell him I want it.

MARGARET
Can I tell him why?

LEO
Margaret, just get it right now, would you?

Margaret exits.

FADE OUT.
END ACT THREE
* * *

ACT FOUR

FADE IN: INT. C.J.'S OFFICE - DAY
C.J. is seated behind her desk. Donna is seated on the other side of the
desk.

C.J.
And Josh was in the Roosevelt Room meeting last Thursday, right?

DONNA
Yes.

C.J.
And do you recall him talking to you about what went on?

DONNA
Um, I don't know. He might have. I don't know.

C.J.
It's important.

DONNA
I'll try to remember.

C.J.
'Cause somebody might've overheard you talking to him.

DONNA
Yeah, there's so much to remember. (sighs)

C.J.
Are you okay?

DONNA
It's just... I'll be fine.

C.J.
And... and you yourself didn't talk to anyone, did you?

Donna looks up guiltily at C.J.

C.J.
Donna?

DONNA
C.J., I can't...

C.J.
What?

DONNA
I can't lie like this anymore.

C.J.
Are you saying it was you?

DONNA
I feel horrible. I should've said something before, but I was afraid of what
you'd...

C.J.
No, it's okay.

DONNA
No, let me get this off my chest. It was me. I called Terry Cashin.

C.J.
Why?

DONNA
I don't know. Why does anybody do anything?

C.J.
[in disbelief] What are you talking about?

DONNA
I'm a madwoman, C.J. And it doesn't stop with the leak.

C.J.
[horrified] What do you mean?

DONNA
Call the authorities. Send them to my parent's house in Madison.

C.J.
Why?

DONNA
They'll find the Lindbergh baby in the basement.

C.J.
[finally catching up] Okay... (slaps her hand on her desk)

DONNA
Also some post-its reminding me where I put Jimmy Hoffa.

C.J.
Get out!

DONNA
I framed Roger Rabbit. (makes funny face)

C.J.
Get out!

Donna chuckles as she gets up. She stops in the doorway.

DONNA
I'm going to the place. You want a salad?

C.J.
Thanks.

Donna leaves.

C.J.
Carol!

CUT TO: INT. JOSH'S BULLPEN AREA - CONTINUOUS

JOSH
Did you confess?

DONNA
She didn't let me get to Whittaker Chambers and the secret pumpkin.

JOSH
You got a phone call while you were in there.

DONNA
From who?

JOSH
Europe in 1939.

DONNA
Yeah?

JOSH
Yeah, I jotted it down. Apparently they're at war, but we've taken a firm
stand as an
isolationist nation and refused to get involved. Our resources are our own
and their
problems are on the other side of the world. Though, they do have problems. It
sounds
to me from what they said on the phone that France, Austria, and England
are getting
absolutely pounded by the Germans, and with no end in sight. They say that
by 1941
they're gonna desperately need our help if they have any chance of
survival. But I think
they're just being hysterical. This son of a customs agent with the Charlie
Chaplin
mustache ain't going anywhere. But there's no telling that to Franklin
Roosevelt, who's
trying to convince his country they need to get involved. That's why he came
up with this.

They are now in JOSH'S OFFICE. Josh hands her a book.

DONNA
An eighth-grade social studies textbook?

JOSH
Turn to the page I flagged.

DONNA
The Lend-Lease Act.

JOSH
Yeah. Simply put, a loan of arms to Russia and Britain, with the understanding
that
they'd pay us back when the war was over. And he said this, he said,
"If your neighbor's
house is on fire, you don't haggle over the price of your garden hose." Frank
Kelly in
South Carolina wouldn't... There are too many things in the world we can't
do. Mexico's
on fire. Why help them? Because we can.

DONNA
Did they agree to the money?

JOSH
Yeah.

Donna hands Josh the book. They both smile at each other.

DONNA
Okay. [leaves]

CUT TO: INT. C.J.'S OFFICE - DAY
C.J. is once again seated behind her desk. Zach is seated across from her.

ZACH
You shouldn't feel bad about this.

C.J.
Everyone hates me.

ZACH
Nah, they'll get over it.

C.J.
You think?

ZACH
Sure. You're just doing your job.

C.J.
That's exactly right.

ZACH
And this is really important.

C.J.
You're the first person who's understood that.

ZACH
You mind if I give you a suggestion that may make this go faster?

C.J.
Sure.

ZACH
[wryly] If you dunk the suspect in a deep well of water, and they drown,
it means they're
not a witch.

C.J.
All right, that's it! (slaps hands on desk, totally exasperated)

C.J. stands up and marches toward the door. Zach throws his arms open as if
in
religious ecstasy.

ZACH
I saw Lizzie Proctor speaking with the devil!

C.J.
Shut up! (walks out into the hallway)

CUT TO: INT. TOBY'S OFFICE - DAY
Sam is seated on the sofa reading a report. Toby is sitting in a chair.

SAM
720,000 gallons covering close to 100 square miles. 10,000 blue and horseshoe
crabs are
dead, so that's a $25 million dollar industry that can start looking for
jobs at the
local Dairy Queen. 12,500 starfish, flounder and bass. $342 million estimated
lost to the
tourism economy based on beach communities. You ever wonder why you never
hear anything
about a boatload of Honda Civics spilling into the ocean?

TOBY
What?

SAM
Were you listening?

TOBY
Yeah... No. I'm sorry, no.

C.J. strides through the door looking very determined.

C.J.
Excuse me, Sam, would you mind?

SAM
No.

Sam gets up and leaves. C.J. slams the door behind him.

C.J.
It's me, okay? I am Spartacus.

TOBY
Look ...

C.J.
It was a leak. Leaks happen. They've happened since the beginning of time. In
this
White House, in every White House. There's no malicious intent. Things get
out.
It's a company town. Everybody talks to everybody, and junior staffers try
to impress
reporters by showing they're in the know. There is no group of people this
large in
the world that can keep a secret. I find it comforting. It's how I know for
sure the
government isn't covering up aliens in New Mexico. (pause) Toby, I've issued
a blanket
email to 1,100 staffers about the incident. I've asked the President to let
me make a
clarification for tomorrow morning. I've seen to it it'll be on page one. We're
not
gonna lose an inch of ground in the negotiation.

TOBY
[wearily] No, we're not.

C.J.
No, we're not. And you knew that since this morning.

TOBY
Yes, I did.

C.J.
Yeah. So what's this about?

A lengthy silence falls between them. Toby gets up and stands behind his
desk.

TOBY
This is small potatoes. I want to know, when the big potatoes come, are we
up for it?

C.J.
Big potatoes? Toby, we ran for election. We lived through Leo and booze,
Sam and
prostitutes, India and Pakistan, Columbia and a failed rescue mission. Are
there
bigger potatoes someplace?

TOBY
[quietly, not meeting her gaze] No.

C.J.
(sharply, looking very concerned) Toby?

Toby looks up at her, and shifts his weight slightly from side to side.

TOBY
Yeah?

C.J.
Why are you lying to me?

TOBY
I'm not. (clears his throat) Thanks for doing that stuff today. (more
shifting)
It was...

C.J. stares at him silently, looking extremely unconvinced.

TOBY
Thanks.

C.J. turns and leaves without saying anything. Toby watches her go and sighs.

CUT TO: EXT. WHITE HOUSE PORTICO - NIGHT
Charlie is seated on a bench with his hands in his lap. Bartlet walks toward
him,
through pools of light, from the direction of the Residence. Charlie stands
up.

BARTLET
Sit down. Don't be scared.

They both sit down on the bench. Charlie stares straight ahead without
looking at Bartlet.
Bartlet turns toward Charlie.

BARTLET
My youngest daughter's got a big mouth.

A lengthy silence falls between them. Bartlet looks uncomfortable.

CHARLIE
No, she doesn't, sir. She wanted me to be on the lookout for certain physical
signs so
I could tell the First Lady.

Several moments pass while Bartlet absorbs this information. He sighs.

BARTLET
We won't discuss this any more for the time being. It'll be public soon
enough. And the
more conversations you have with me, the more lawyers you're gonna have to
talk to, and
they bill in an hour what you take home in a week, so we won't discuss it
except to say
this you're gonna be subpoenaed. I'm confident in your loyalty to me. I'm
confident in
your love for me. If you lie to protect me, if you lie just once, if you
lie just a
little, if you lie 'cause you can't stand what's happening to me and the
people making
it happen, if you ever, ever lie...

Charlie finally looks over at Bartlet.

BARTLET
...you're finished with me, you understand?

CHARLIE
Yes, sir.

BARTLET
Say you understand.

CHARLIE
I understand, sir.

BARTLET
Go back to work.

CHARLIE
Yes, sir.

They both stand up. Bartlet walks toward the Oval Office.

CHARLIE
Is there anything you need?

BARTLET
(turns around) I need you to go to law school and graduate as soon as humanly
possible.

CHARLIE
Yes, sir.

Charlie turns to go inside. Bartlet walks toward the entrance to the Oval
Office.

CUT TO: INT. THE OVAL OFFICE - CONTINUOUS
Oliver stands in the middle of the room and turns as Bartlet enters.

OLIVER
Good evening, Mr. President.

BARTLET
Well, I've got good news for you, Oliver. Turns out I didn't do everything
right after
all. Zoey had to fill out a family history form for Georgetown and because
she was 17,
a parent had to sign it.

OLIVER
And she left off the MS?

BARTLET
Yeah.

OLIVER
And you signed it?

BARTLET
I'd give anything if I had. It was Lady Macbeth. (pause) There's a bad moon
rising,
Oliver. We both know it. They're gonna take me out for a walk.

Bartlet sits down on the sofa. Oliver remains standing.

BARTLET
This isn't what you signed up for. Leo begged you to take this job. This
isn't what you
signed up for. If you leave, I'd appreciate it if you did it now, so it
doesn't look
like my lawyer bailed on me when the rain starts. No one's gonna hold it
against you.

OLIVER
Well, I appreciate that, Mr. President. (pause) If I stay, will you do
exactly what I
tell you to do?

BARTLET
I guess it depends.

OLIVER
No, I'm afraid it can't depend, sir.

A lengthy silence falls between them. Bartlet stands up, his hands in his
pockets, and
walks slowly toward his desk.

BARTLET
What would my first step be?

OLIVER
First, tell your staff.

BARTLET
Yeah.

OLIVER
Then, decide how to make a public announcement.

BARTLET
Yeah.

OLIVER
Then order the Attorney General to appoint a Special Prosecutor. Not just
any Special
Prosecutor - the most blood-spitting, Bartlet-hating Republican in the Bar.

Oliver walks slowly but purposefully toward Bartlet.

OLIVER
He's gonna have an unlimited budget and a staff like an army. The new slogan
around
here is gonna be "bring it on." He's gonna have access to every piece of
paper you
ever touched. If you invoke executive privilege one time, I'm gone. An
assistant DA
in Ducksworth wants to take your deposition, you're on the next plane. A
freshman
Congressman wants your testimony, you'll sit in his kitchen. They wanna drag
you to
The Hague and charge you with war crimes, what do we say?

Bartlet stares silently at Oliver for several moments.

BARTLET
(quietly) Bring it on.

OLIVER
[nods ever so slightly] I'll be in my office for a while if you need me.

Oliver turns and leaves. Bartlet turns toward his desk, his hands in his
pockets.

DISSOLVE TO: END TITLES.
FADE TO BLACK.
THE END
* * *

The West Wing and all its characters are properties of Aaron Sorkin, John
Wells
Production, Warner Brothers Television, and NBC. No copyright infringement
is intended.

Episode 2.19 -- 'Bad Moon Rising'
Original Airdate: April 25, 2001, 9:00 PM EST
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